KN. Keshavanarayana, J.

This appeal is directed against the judgment and decree dated 21-10-2002 passed in O.S. No. 175 of 1998 on the file of the III Additional Civil Judge (Senior Division) arid Chief Judicial Magistrate, Dharwad, whereunder the suit filed by respondent 1 came to be decreed for specific performance of the agreement of sale dated 1-5-1995 said to have been executed by the defendants therein.

2. The appellants are the defendants 1, 2(a), 2(b), 4(a) to 4(d), 5 to 17 and 18(a) to 18(c). Respondent 1 herein is the plaintiff and respondent 2 is defendant 3.

3. The parties herein will be referred to with respect to their ranking in the Court below.

The plaintiff filed the suit seeking specific performance of agreement of sale dated 1-5-1995 said to have been executed by the defendants and for a direction to the defendants to execute regular sale deed in respect of the suit schedule property in favour of the plaintiffs and also to handover actual physical possession of the suit schedule property. In the alternative he sought for return of advance sale consideration of Rs. 55,001/- in the event of Court coming to the conclusion that the decree for specific performance